Archive for May, 2010
A hearing was held this morning in the Portland lawsuit arising out of the hexavalent chromium poisoning of U.S. Troops at KBR’s Qarmat Ali facility in Iraq. KBR had attempted to block discovery while the Court considers KBR’s second and latest motion to dismiss. Oregon Magistrate Paul Papak recently denied KBR’s motion to dismiss for lack of personal jurisdiction, so shortly after that, KBR filed another motion to dismiss. Then, KBR asked Judge Papak to block all discovery while the motion is being considered. The Court mostly denied the motion, and determined certain discovery would proceed. Staff writer Julie Sullivan of The Oregonian outlines the motion and Judge Paul Papak’s comments during the hearing in her article today. The hearing on KBR’s newest motion to dismiss will be heard in Portland on July 12, 2010.
Doyle Raizner extends a special thanks to all who came out to attend the US Vets 5K Run this Saturday morning. It was a great event for a great cause, with the proceeds going to assistance for homeless vets in need. Doyle Raizner was proud to be a sponsor for this event, and it was a wonderful way to celebrate Armed Forces day. The race began at the Downtown Aquarium and proceeded down Memorial Drive before a turnaround back to the finish line. A high five in particular to Susie Raizner, who placed 6th of all women running – – and far ahead of her husband.
A Harris County District judge has for a second time rejected Ace and Broadspire’s request to impose a gag order in order to keep adjuster testimony secret. Ace and Broadspire initially objected to the placement of excerpts of adjuster depositions on our firm’s Youtube site, and moved for what amounts to a gag order to block any public accountability for Ace’s or the Broadspire adjuster’s misconduct. Their request was denied, and depositions ordered to proceed. See our April 30 blog reporton the first rejection of this request.
Refusing to take No for an answer, the insurer and third party administrator asked for an emergency hearing on their second request for a gag order to block excerpts of the depositions of their adjusters, Ann Adams and Taboura Smith, from being placed on the Doyle Raizner website or on the firm’s Youtube site. This morning, this second request was denied. The depositions are expected to be completed within the next 30 days.
At this point, Ace and Broadspire appear to have put more effort into blocking accountability and testimony than they put into handling the claim properly. They certainly appear to have spent more money on lawyers than they did on properly paying the workers compensation insurance claim. The workers were both employees of BJ Services and were injured in an industrial incident in Victoria, Texas in 2007. The lawsuit filed in Harris County asserts that Ace and Broadspire wrongfully denied workers’ compensation benefits to these injured workers, and wrongfully assisted their employer in concealing the injuries.
Doyle Raizner Files Lawsuit Against BP Products North America on Behalf of Seaman Under General Maritime Law
On May 7, 2010, Doyle Raizner filed a lawsuit in Harris County district court against BP Products North America, Inc. on behalf of a surveyor injured in a ship-to-ship transfer off the coast of Panama. Doyle Raizner’s client is a Jones Act seaman and the lawsuit is based on well-settled general maritime law that BP Products North America owed the seaman a duty to provide a safe transfer, including an adequate and competent crew and proper equipment for the transfer. As a result of the faulty transfer, the seaman suffered serious injuries to his spine. Doyle Raizner specializes in Jones Act and other Maritime cases and is proud to enforce this injured worker’s rights.